The present judgment is subject to editorial revision before its reproduction in final form in Reports of Judgments and Decisions 1998.
order permanently excluding from French territory a convicted Algerian
woman who had arrived in France to join her family lawfully resident
there
mother of an underage child of French nationality
Article 8
Government?s preliminary objection of nonexhaustion of domestic
remedies dismissed
whether applicant had a private and family life at date of court?s refusal
to lift exclusion order
interference with right to respect for family life and private life
whether interference ?in accordance with law?
legitimate aim
prevention of disorder or crime
whether interference ?necessary in democratic society?
duty of Contracting States to maintain public order
right of Contracting States to control entry and residence of aliens
power of state to deport aliens convicted of criminal offences
applicant had important links with Algeria and France
interference in issue not so drastic as that which may result from
expulsion of applicants born in host country or who first went there as
young children
links formed with child when illegally in France not considered decisive
great weight attached to nature of offence underlying prison sentence
and exclusion order
no violation of Article 8
Article 3
whether suffering sufficiently intense to constitute ?inhuman? or
?degrading? behaviour
not established that renewed enforcement of exclusion order would
cause applicant suffering of such intensity
no violation of Article 3